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Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......f law as well as the constitution. In the instant case the accused was produced before the Magistrate long after 48 hours. 66. In view of that we direct the Secretary Ministry of Home affairs, the Inspector-General of Police and the Director General of the Rapid Action Battalion (RAB) to draw up ......Latif Budu Vs. State, 14 BLD 94 = 44 DLR 492. Lawyers Involved: Rana Kawser, Advocate with Samia Afroz Kana, Advocates - For the Appellant. Gazi Md. Mamunur Rashid, Assistant Attorney General with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal N......mra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayanganj area, at that time the informant part came to know that a man was waiting in the garage 1 of Shah Alam of Khahipur Bangla Bazar under Police Station Fatullah District Narayanganj for selling unauthorized Arms and thereafter the inform..Category: Criminal Law | Date: | Hits: 99
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......ibers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It further appears t...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ...... word should be given wide construction……………………………….(8) Lawyers Involved: Khondker Mahbub Hossain, Advocate ‑ For the Petitioner Syed Abu Kowser, Assistant Attorney General ‑ For the State Criminal Miscellaneous Case No. 2779 of 1997. Judgment Mohammad G......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....he same for such time as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Roy Chowdhury with Begum Khaleda, Advocates ‑ For the Petitioner. Kaisar Ahmed, Deputy Attorney‑General ‑ For the Respondents. Writ Petition No.2514 of 1995. Judgment ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ime as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Roy Chowdhury with Begum Khaleda, Advocates ‑ For the Petitioner. Kaisar Ahmed, Deputy Attorney‑General ‑ For the Respondents. Writ Petition No.2514 of 1995. Judgment KM Hasan J.- This ......ces misused. The respondent No.2 District Magistrate, Pabna by his Memo No. Judi/10‑21‑93/830 (Fire Arms) dated 2‑8‑93 directed the petitioner to deposit the pistol and the gun to Pabna Sadar Police Station within 24 hours from the date of receipt of the said letter (Annexue‑A) on the grou..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ....... Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....as Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. Md. Khurshedul Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General & Monjur Kader......ognizance of the offence under section 189 of the Penal Code against the petitioner on 7-2-2011 and directed the Officer-in-Charge of Jamalganj Police Station to get the offence investigated by a Sub-Inspector of Police. The petitioner was tracked down by the police on 7-2-2011 at about 7.50 PM and ......cutive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the plain, literal and grammatical meaning...... There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offe..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......f any of the accused. He denied the suggestion put by the defence that as a matter of fact no arms were recovered from the accused and that he deposed falsely. 11. P.W.2 Md. Abdus Sattar Molla Sub-Inspector of police, the informant stated in his examination in chief that on 17.12.2000 he along wi......er, Advocate - For the appellant in Criminal Appeal No.2224 of 2002. Mohammad Ali, Advocate - For the appellant in Criminal Appeal No.2210 of 2002. Md. Abdul Jabbar Bhuiyan, Assistant Attorney-General - For the State Respondent in all the Criminal Appeals. Criminal Appeal No.2224 of 2002.......he police managed to catch hold of 2 (two) other passengers with arms in their possession. Thereafter they arrested the accused and S.I. Abdus Sattar lodged the First Information Report with Sabujbag Police Station by producing the accused. He identified accused Ujjal and Mamun in the dock. He furth..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....54; State Vs.Paran Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney-General - For the State. Ani......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......an Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney-General - For the State. Anisul Huq, Advocat......comes First Information Report when it fulfills some conditions:- (i) it should be an information relating to the commission of a cognizance offence; (ii) if given orally to an Officer-in-Charge of a Police Station, it should be reduced to writing; (iii) it should be read over to the informant; (iv)..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... of Modhya Bharat, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants. Mrs. Umme Kulsum Begum, Deputy Attorney General with AHM Obaidul Kabir Assistant Attorney General and S. M. Shajahan Kabir, ...... the accused persons also injured them. Hearing scream, neighbouring people came there, then the accused persons went away and the witnesses somehow apprehended accused Enamul with lathi. 4. Sub-Inspector Abdus Samad, Poursha Police Station took up the investigation and after completion of inve......t, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants. Mrs. Umme Kulsum Begum, Deputy Attorney General with AHM Obaidul Kabir Assistant Attorney General and S. M. Shajahan Kabir, Assistant Attorn......fine of Taka 2500/- each in default to suffer rigorous imprisonment for 2 (two) years more. 2. Prosecution case, in brief, is that the informant Mozammel Haque lodged a written Ejahar with Poursha Police Station on 10.08.1993 to the effect that on 09.08.1993 at about 7/7-30 PM, he along with his ..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
.... 9. In the result, the Rule is made absolute. Bail granted to appellant‑opposite‑party Abdul Momin Sarder on 11‑1‑96 is cancelled and he is directed to surrender to his bail bond forthwith. Deputy Commissioner Satkhira is directed to take steps for securing arrest of the said convict and t......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......n the pronouncement of the Appellate Division………………………(7) Lawyers Involved: M Monsur Ali, Advocates ‑ For Appellant Opposite Party. Mushfiqur Rahman, Assistant Attorney‑General ‑ For the State. Criminal Revision No.572 (suo‑motu) of 1996. Judgment Kazi Eba......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General — For the State. Cr......(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for 7(seven) years with a direction that both the sentences will run concurrently. 2. The prosecution case, in short, is that Inspector Sheikh Abdul Mannan lodged an FIR on 13-7-2001 alleging, inter alia, that he on the streng......irector of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General — For the State. Criminal Appeal No......rected against the judgment and order dated 24-7- 2005 passed by the learned Special Tribunal, Lakshmipur in Special Tribunal Case No. 40 of 2001 arising out of GR Case No. 522 of 2001 and Lakshmipur Police Station Case No. 33 dated 13-7-2001 under section 19A and 19(f) of the Ann’s Act convicting..Category: Criminal Law | Date: | Hits: 92
....ercise of statutory power........................................(15)
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petitioner.
Kazi Waliul Islam, Deputy Attorney General with Md. Rezaul Islam, Assistant Attorney General — For the Respondents.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......ory power........................................(15)
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petitioner.
Kazi Waliul Islam, Deputy Attorney General with Md. Rezaul Islam, Assistant Attorney General — For the Respondents.
Writ Petition ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
.... 26 DLR (SC) 44.
Lawyers Involved:
Dr. Kamal Hossain with HS Deb Brahman and Tanjib-ul-Alam, Advocates‑ For the Petitioners.
AJ Mohammad Ali, Additional Attorney-General with Naima Haider, Deputy Attorney-General and MA Azim Khair, Deputy Attorney-General and Md. Alamgir Kabir, Assistant ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......esur Rahman Vs. Bangladesh, 26 DLR (SC) 44.
Lawyers Involved:
Dr. Kamal Hossain with HS Deb Brahman and Tanjib-ul-Alam, Advocates‑ For the Petitioners.
AJ Mohammad Ali, Additional Attorney-General with Naima Haider, Deputy Attorney-General and MA Azim Khair, Deputy Attorney-General and Md......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
.... Tax Tribunal, Chittagong Branch, Chittagong, (1997) 49 DLR 279. Lawyers Involved: Ms. Nahid Kabir with Md., Asaduzzaman with Md. Matiur Rahman - For the petitioner. Ms. Nahid Mahtab, Deputy Attorney-General with Ms. Kazi Zinat Haque, Assistant Attorney-General, Mrs. Mahfuza Begum, A......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......ing co. Vs. Irving, 1905 AC 369 PC; M/s. Hossein Kasam Dada (India) Ltd. Vs. State of Madhya Pradesh, AIR 1953 SC 221; Garikapati Vs. N Subbiah Choudhury, AIR 1957 SC 540; State of Bombay Vs. Supreme General Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....l Appellate Jurisdiction) Present: Md. Abdul Wahhab Miah J Md. Abu Tariq J Latif alias Md. Latif Miah and Rabiuzzal Hossain………………Appellants Vs. The State, represented by Deputy Commissioner, Dhaka………………..Respondent Judgment August 1, 2005. Result: ......s imprisonment for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while the police at about 1.45 A.M reached a......lied upon without calling the concerned Magistrate as witness........................(10) Lawyers Involved: Md. Harun-Or-Rashid, Advocate - For the appellants. Golam Kibria, Deputy Attorney-General with Md. Atiqul Karim, Assistant Attorney-General -For the respondent. Criminal Appeal No......t for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while the police at about 1.45 A.M reached at Bheudibi br..Category: Criminal Law | Date: | Hits: 86
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ourt and the trial Court discussed the evidence on record and after proper assessment of the evidence on record came to correct justified finding which do not call for any interference by this Court. Generally the Judgment of affirmance is immune to be assailed unless it is manifestly perverse. The ...... and for her security and protection and to avoid future litigations the plaintiff filed two separate G.D. entry being No.1059 dated 15.6.98 and 1188 dated 17.6.98 respectively in the local Sabujbagh Police Station against the defendants and finally the plaintiff found no other alternative to take s..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......ne 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No.......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
....que-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For the applicants.
Manzill Murshed - For the petitioners.
Mahbubey Alam, Attorney General with Razik Al-Jalil, Deputy Attorney General - For the respondents.
Writ Petition No.3503 of 2009.
Judgment
...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......
Lawyers Involved:
Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For the applicants.
Manzill Murshed - For the petitioners.
Mahbubey Alam, Attorney General with Razik Al-Jalil, Deputy Attorney General - For the respondents.
Writ Petition N...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......rred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Assistant Attorney-General with Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-General - For the Opposite......further order or orders passed as to this Court might deem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:-One Md. Akbor Hossain, Officer-in-charge of Louhajang Police Station, District-Munshiganj, being informant, lodged an F.I.R. with the aforesaid Police Sta..Category: Criminal Law | Date: | Hits: 81
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